3772.01
Definitions.

As used in this
chapter:

(A)
"Applicant"
means any person who applies to the commission for a license under this
chapter.

(B)
"Casino
control commission fund" means the casino control commission fund described in
Section 6(C)(3)(d) of Article XV, Ohio Constitution, the money in which shall
be used to fund the commission and its related affairs.

(D)
"Casino game" means any slot machine or table game as
defined in this chapter.

(E)
"Casino gaming" means any type of
slot machine or table game wagering, using money, casino credit, or any
representative of value, authorized in any of the states of Indiana, Michigan,
Pennsylvania, and West Virginia as of January 1, 2009, and includes slot
machine and table game wagering subsequently authorized by, but shall not be
limited by, subsequent restrictions placed on such wagering in such states.
"Casino gaming" does not include bingo, as authorized in Section 6 of Article
XV, Ohio Constitution and conducted as of January 1, 2009, or horse racing
where the pari-mutuel system of wagering is conducted, as authorized under the
laws of this state as of January 1, 2009.

(F)
"Casino gaming employee" means any
employee of a casino operator or management company, but not a key employee,
and as further defined in section
3772.131 of the Revised
Code.

(G)
"Casino operator" means any person,
trust, corporation, partnership, limited partnership, association, limited
liability company, or other business enterprise that directly or indirectly
holds an ownership or leasehold interest in a casino facility. "Casino
operator" does not include an agency of the state, any political subdivision of
the state, any person, trust, corporation, partnership, limited partnership,
association, limited liability company, or other business enterprise that may
have an interest in a casino facility, but who is legally or contractually
restricted from conducting casino gaming.

(H)
"Central system" means a computer
system that provides the following functions related to casino gaming equipment
used in connection with casino gaming authorized under this chapter: security,
auditing, data and information retrieval, and other purposes deemed necessary
and authorized by the commission.

(I)
"Cheat"
means to alter the result of a casino game, the element of chance, the
operation of a machine used in a casino game, or the method of selection of
criteria that determines (a) the result of the casino game, (b) the amount or
frequency of payment in a casino game, (c) the value of a wagering instrument,
or (d) the value of a wagering credit. "Cheat" does not include an individual
who, without the assistance of another individual or without the use of a
physical aid or device of any kind, uses the individual's own ability to keep
track of the value of cards played and uses predictions formed as a result of
the tracking information in the individual's playing and betting
strategy.

(K)
"Gaming agent" means
a peace officer employed by the commission that is vested with duties to
enforce this chapter and conduct other investigations into the conduct of the
casino gaming and the maintenance of the equipment that the commission
considers necessary and proper and is in compliance with section
109.77 of the Revised
Code.

(L)
"Gaming-related vendor" means any
individual, partnership, corporation, association, trust, or any other group of
individuals, however organized, who supplies gaming-related equipment, goods,
or services to a casino operator or management company, that are directly
related to or affect casino gaming authorized under this chapter, including,
but not limited to, the manufacture, sale, distribution, or repair of slot
machines and table game equipment.

(M)
"Holding company" means any
corporation, firm, partnership, limited partnership, limited liability company,
trust, or other form of business organization not a natural person which
directly or indirectly does any of the following:

(1)
Has
the power or right to control a
casino operator, management company, or gaming-related vendor license
applicant or licensee;

(2)
Holds an
ownership interest of five per cent or more, as determined by the commission,
in a casino operator, management company, or gaming-related vendor license
applicant or licensee;

(3)
Holds voting
rights with the power to vote five per cent or more of the outstanding voting
rights of a casino operator, management company, or gaming-related vendor
applicant or licensee.

(O)
"Institutional investor" means any of
the following entities owning five per cent or more, but less than
fifteen per cent, of an ownership interest in a casino facility, casino
operator, management company, or holding company: a corporation, bank,
insurance company, pension fund or pension fund trust, retirement fund,
including funds administered by a public agency, employees' profit-sharing fund
or employees' profit-sharing trust, any association engaged, as a substantial
part of its business or operations, in purchasing or holding securities, including a hedge fund, mutual fund, or private equity
fund, or any trust in respect of which a bank is trustee or cotrustee,
investment company registered under the "Investment Company Act of 1940,"
15 U.S.C.
80a-1 et seq., collective investment trust
organized by banks under Part Nine of the Rules of the Comptroller of the
Currency, closed-end investment trust, chartered or licensed life insurance
company or property and casualty insurance company, investment advisor
registered under the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et
seq., and such other persons as the commission may reasonably determine to
qualify as an institutional investor for reasons consistent with this
chapter, and that does not exercise control over the
affairs of a licensee and its ownership interest in a licensee is for
investment purposes only, as set forth in division (E) of section
3772.10 of the Revised
Code.

(P)
"Key employee" means any executive,
employee, or agent of a casino operator or management company licensee having
the power to exercise significant influence over decisions concerning any part
of the operation of such licensee, including:

(1)
An
officer, director, trustee, or partner of a person that has applied for or
holds a casino operator, management company, or gaming-related vendor license
or of a holding company that has control of a person that has applied for or
holds a casino operator, management company, or gaming-related vendor
license;

(2)
A person
that holds a direct or indirect ownership interest of more than one per cent in
a person that has applied for or holds a casino operator, management company,
or gaming-related vendor license or holding company that has control of a
person that has applied for or holds a casino operator, management company, or
gaming-related vendor license;

(3)
A
managerial employee of a person that has applied for or holds a casino operator
or gaming-related vendor license in Ohio, or a managerial employee of a holding
company that has control of a person that has applied for or holds a casino
operator or gaming-related vendor license in Ohio, who performs the function of
principal executive officer, principal operating officer, principal accounting
officer, or an equivalent officer or other person the commission determines to
have the power to exercise significant influence over decisions concerning any
part of the operation of such licensee.

The commission shall
determine whether an individual whose duties or status varies from those
described in this division also is considered a key employee.

(Q)
"Licensed casino operator" means a
casino operator that has been issued a license by the commission and that has
been certified annually by the commission to have paid all applicable fees,
taxes, and debts to the state.

(R)
"Majority ownership interest" in a
license or in a casino facility, as the case may be, means ownership of more
than fifty per cent of such license or casino facility, as the case may be. For
purposes of the foregoing, whether a majority ownership interest is held in a
license or in a casino facility, as the case may be, shall be determined under
the rules for constructive ownership of stock provided in Treas. Reg.
1.409A-3(i)(5)(iii) as in effect on January 1, 2009.

(S)
"Management company" means an
organization retained by a casino operator to manage a casino facility and
provide services such as accounting, general administration, maintenance,
recruitment, and other operational services.

(T)
"Ohio law enforcement training fund"
means the state law enforcement training fund described in Section 6(C)(3)(f)
of Article XV, Ohio Constitution, the money in which shall be used to enhance
public safety by providing additional training opportunities to the law
enforcement community.

(U)
"Person" includes,
but is not limited to, an individual or a combination of individuals; a sole
proprietorship, a firm, a company, a joint venture, a partnership of any type,
a joint-stock company, a corporation of any type, a corporate subsidiary of any
type, a limited liability company, a business trust, or any other business
entity or organization; an assignee; a receiver; a trustee in bankruptcy; an
unincorporated association, club, society, or other unincorporated entity or
organization; entities that are disregarded for federal income tax purposes;
and any other nongovernmental, artificial, legal entity that is capable of
engaging in business.

(V)
"Problem casino
gambling and addictions fund" means the state problem gambling and addictions
fund described in Section 6(C)(3)(g) of Article XV, Ohio Constitution, the
money in which shall be used for treatment of problem gambling and substance
abuse, and for related research.

(W)
"Promotional gaming credit" means a
slot machine or table game credit, discount, or other similar item issued to a
patron to enable the placement of, or increase in, a wager at a slot machine or
table game.

(X)
"Slot machine" means any mechanical,
electrical, or other device or machine which, upon insertion of a coin, token,
ticket, or similar object, or upon payment of any consideration, is available
to play or operate, the play or operation of which, whether by reason of the
skill of the operator or application of the element of chance, or both, makes
individual prize determinations for individual participants in cash, premiums,
merchandise, tokens, or any thing of value, whether the payoff is made
automatically from the machine or in any other manner,
but does not include any device that is a skill-based amusement machine, as
defined in section
2915.01 of the Revised
Code.

(Y)
"Table game" means any game played
with cards, dice, or any mechanical, electromechanical, or electronic device or
machine for money, casino credit, or any representative of value. "Table game"
does not include slot machines.

(Z)
"Upfront license" means the first
plenary license issued to a casino operator.

(AA)
"Voluntary exclusion program" means
a program provided by the commission that allows persons to voluntarily exclude
themselves from the gaming areas of facilities under the jurisdiction of the
commission by placing their name on a voluntary exclusion list and following
the procedures set forth by the commission.